Serving San Francisco and All of the Bay Area
Khadder Law Firm employment lawyers can help employees in the San Francisco Bay Area and beyond who have been wrongfully terminated. If you think you were unlawfully terminated, please contact us for a free consultation.
The potential for job termination is a risk that we all assume in the workplace. You work hard at your job for many reasons, not least of which is to stay employed. But if an employer terminates you for unlawful reasons, you may have a legal claim. You may also have a legal claim if your employer unlawfully makes your working conditions so intolerable that you are left with not choice but to quit.
California is an “at-will” state, meaning that the law presumes that an employee is an “at-will” employee, unless a contract or agreement suggests otherwise. If you are an at-will employee, your employer can normally terminate your employment at any time and for any legal reason. Similarly, an at-will employee can quit his or her job at any time, and for any reason. While many terminations may be unfair, they are not necessarily unlawful. It is only when an employer terminates an employee for an unlawful reason that the termination can be considered an unlawful, wrongful termination.
Generally speaking, wrongful termination requires the terminated employee to prove that he or she was an employee, that the employer terminated the employee, the termination was done for an unlawful reason, and that the terminated employee suffered damages as a result of the wrongful termination. Damages can be both economic (e.g. lost income) and non-economic (e.g. emotional distress). In more egregious situations, a wrongfully terminated employee may also be able to recover punitive damages against the employer.
Types of wrongful termination
There are many unlawful bases for terminating an employee, some of which include:
(1) discrimination based on race/color, disability, sex/gender, pregnancy, religion, or sexual orientation,
(2) in retaliation for engaging in protected activity, such as requesting a disability accommodation, exercising your Family Medical Leave Act (“FMLA”) rights, filing a complaint of discrimination or harassment, or filing a complaint for unpaid wages,
(3) in retaliation for complaining or protesting an employer’s illegal activities, either to the employer, or to a government agency,
(4) refusing to participate in an employer’s unlawful conduct
(5) in retaliation for refusing sexual advances,
(6) in retaliation for investigating violations of the False Claims Act,
(7) in violation of an employment agreement or contract, and
(8) in violation of an important public policy of the state.
This is not an exhaustive list, so you should contact an employment lawyer to determine if the circumstances of your termination constitute a wrongful termination.
Constructive Wrongful Termination or Discharge
An employer does not have to necessarily terminate you for you to have a wrongful termination claim. California law recognizes a legal claim for wrongful constructive termination or discharge. A claim for wrongful constructive termination or discharge is generally more difficult to prove, because one has to show that the working conditions for the employee are so intolerable that no reasonable person would continue to remain employed. In other words, an employee has to show that the employer left them with no choice but to resign. If you are experiencing a hostile work environment, discrimination, or retaliation at the workplace, and you are thinking about quitting, you should contact an employment lawyer before deciding whether to quit your job.
Contact us today
When you are wrongfully terminated from your job in the San Francisco Bay Area, you can depend on the employment lawyers at the Khadder Law Firm to fight for your rights to justice.
If you feel you might have been the victim of wrongful termination, contact an employment lawyer at the Khadder Law Firm today for a free consultation.
Serving San Francisco and All of the Bay Area
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Have you or a loved one been mistreated in the form of employment discrimination, employment harassment, or retaliation at the workplace? Has an employer failed to pay in a full and timely manner, or are you in need of legal assistance in a personal injury or civil rights case?
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